EMC 2006 Annual Report Download - page 128

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employment or service with the Company or any of its Subsidiaries, as the case may be, nor does it interfere in any way with the right of the Company or any
of its Subsidiaries to terminate the services of any of its employees or directors at any time. Each of the Company and its Subsidiaries expressly reserves the
right to terminate or discharge any of its employees or directors at any time.
9.5. Receipt and Release. Any payment or distribution to any Participant or beneficiary in accordance with the provisions of the Plan shall be, to the
extent thereof, in full satisfaction of all claims against the Company, its Subsidiaries and the Administrator under the Plan, and the Administrator may require
such Participant or beneficiary, as a condition precedent to such payment, to execute a receipt and release to such effect. If any Participant or beneficiary is
determined by the Administrator to be incompetent by reason of physical or mental disability (including minority) to give a valid receipt and release, the
Administrator may cause the payment or payments becoming due to such person to be made to another person for his or her benefit without responsibility on
the part of the Administrator or the Company to follow the application of such funds.
9.6. Severability of Provision. If any provision of the Plan shall be held by a court of competent jurisdiction to be invalid or unenforceable, such
invalidity or unenforceability shall not affect any other provisions hereof, and the Plan shall be construed and enforced to the fullest extent possible as if such
provision had not been included.
9.7. Government Regulations. It is intended that the Plan comply with all applicable laws and government regulations, including Code section 409A
and the Plan shall be construed, where possible, to comply with such laws and regulations. Neither the Company, any of its Subsidiaries, nor the
Administrator shall not be obligated to perform any obligation hereunder in any case where, in the opinion of the Company's counsel, such performance
would result in the violation of any law or regulation or failure to comply with Code section 409A. Should it be determined that any provision or feature of the
Plan is not in compliance with Code section 409A, that provision or feature shall be null and void to the extent required to avoid the noncompliance with
section 409A.
9.8. Governing Law; Jurisdiction. This Plan shall be construed, administered, and governed in all respects under and by the laws of The
Commonwealth of Massachusetts without regard to the conflict of law provisions thereof. The Company, the Administrator, the Participants and their
beneficiaries, and any persons having or claiming to have any interest under the Plan submit to the exclusive jurisdiction and venue of the federal or state
courts of The Commonwealth of Massachusetts to resolve any and all issues that may arise out of or relate to the Plan or the same subject matter.
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